Scholarship 14/21357-7 - Lavagem de dinheiro, Direito penal econômico - BV FAPESP
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Duty to inform and the gatekeepers' criminal liability

Grant number: 14/21357-7
Support Opportunities:Scholarships abroad - Research Internship - Doctorate
Start date until: January 08, 2015
End date until: January 01, 2016
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal Investigator:Pierpaolo Cruz Bottini
Grantee:Ana Carolina Carlos de Oliveira
Supervisor: Ricardo Robles Planas
Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
Institution abroad: Universitat Pompeu Fabra (UPF), Spain  
Associated to the scholarship:13/25253-9 - Duty to cooperate and noncompliance theory: legal basis and limitations of criminal liability for gatekeepers in money laundering, BP.DR

Abstract

The research outlined here has the goal of investigating the boundaries and the foundations of the duty to report and collaborate of persons and entities under special obligations who are liable in accordance to Brazil's Anti-Money Laundering Act and the possibilities of criminal liability through omission. The main point is the question of whether persons and entities under special obligations occupy a position of responsibility regarding money laundering (and if so, under which configurations and conditions) when they fail to collaborate with money laundering prevention programs. (AU)

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